Cristiano

I wanted to draw attention to this because it affects all content creators, and I am a huge fan of Cel Edman's sculptypaint program. Cel has taken down the website in protest, with the following message:

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* slu stuff *

Envoy Costagravas

Damn, that just reeks. Doesn't anyone at LL have a sense of ethics in these matters?

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and that when Truth and Error have fair Play, the former is always an overmatch for the latter."
~ Benjamin Franklin

Hiro Queso

This sux. <sigh>

Kristian

This isn't the first time I've heard bad things about this group, sadly.

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Sobriquet Kryakutnoy

I don't understand why people immediately expect LL to take responsibility in handling IP cases.

Don't get me wrong, I am by no means an apologist for Linden Lab. But they only provide the platform for content creation. They can be reasonably expected to provide tools which assist in defense of your creations against blatant copying, but it seems to me like violation of resident-imposed terms of use on their creations and Digital Millennium Copyright takedowns are a process to be handled though the government's judicial system if one expects to see results.

Sure, it's arguably even more painful to deal with the government than with LL, but I don't see how it can be made the responsibility of anyone other than the creator to proactively defend their intellectual property.

If a DMCA takedown is ignored, that is ammunition for further legal action, where information will be officially subpoenaed from Linden Lab regarding the account holder in violation of the takedown, whose ass is then dragged to court.

I guess it's more convenient to just say "Oh, LL is refusing to ban this person after I have taken the initial, basic steps in fighting them. This is all their fault." though.

</ranting>

I'm off to hide in my corner, again!

Io Zeno

FFS.

Io Zeno

Honestly, most people aren't going to spend the time and money over dragging someone to court unless they are Stroker or some other person who has a lot of money invested in this.

:\

Hiro Queso

Not to mention the complications associated with cross border disputes.

Wildefire Walcott

What's this about? Competitors angry he released a good program for free, or people who weren't happy with his free software?

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Hiro Queso

I can only guess that some content creators are not pleased that he has written sofware which makes it easier to create that content = more competition.

Khamon

both apparently

LL need to dissolve the Mentor group.

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Joshua Nightshade

In the long history of SL, LL has never once flatly and resolutely weighed in and said "Stop doing this. It's unacceptable." While you have a point, and I have said this as well, that if they ignore the DMCA they open themselves up to lawsuit, most people who do not make a lot of money in SL and create content as a hobby don't have the finances and resources to sue LL. Not to mention filing a DMCA on their ISP would shut down at least half of SL depending on what ISP you target, which is something people are reasonably hesitant to do.

Given that for so many years the promotional materials LL provided championed this atmosphere of "HEY LOOK! They MADE all this!" some of us expect a little bit more respect from LL on this. Willingness to follow through on the DMCA. Clearly saying that content theft is unacceptable. To date they have not done this, at best you can get a handful of wishy-washy Lindens almost complaining, others do not care. Given that we built SL, we made it popular, most of us are hobbyists and not in it to make money, but to share creativity and tools with others, I don't think it's unreasonable to expect that LL be more proactive in taking care of the content creators first.

Sobriquet Kryakutnoy

Erm, I never mentioned bringing lawsuit against Linden Lab . I was saying the exact opposite. Subpoenaing account data out of LL would not entail DMCAing their colocation facilities, unless you really felt like playing dirty.

For that matter, could DMCA even be used against their colo? I imagine they would have it shot down in no time.

Joshua Nightshade

I misread your sentence.

You're incorrect about how the DMCA works then. If they ignore it, LL gets involved in a lawsuit. You can already subpoena them without a DMCA at all to obtain account information.

The point is LL is legally obligated to respond to takedown notices. If they did this in a timely manner, and an effective manner-- IE, removing ALL instances of infringing content, NOT just what is visible but what is also in inventories across accounts-- then this would be less of an issue. This is what we're asking for.

Joshua Nightshade

Further I wish someone would file a takedown notice on one of their ISPs. I expect discovering half the network was pulled offline would wake them up incredibly fast.

mcgeeb Gupte

I think its just a matter of time before this happens. Maybe not.

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Brenda Archer

I'm a total outsider, but I have the impression the culture at LL sort of resembles a college sorority. And about that level of maturity, too. Am I wrong?

(maybe I should say high school sorority)

Sobriquet Kryakutnoy

I never suggested LL would ignore a DMCA notice either

Joshua Nightshade

I didn't say you did.

They do ignore them, however. And when they do respond it's half assed.

As I've said about this repeatedly they're already in the legal red zone on this. It takes someone fronting the money for a lawsuit to set the point though.

Liona Clio

Isn't LL in a no-win situation, tho? I mean, LL can't make a guarantee that a DMCA takedown is fully implemented, right? I mean, as long as they broadcast the source code of your creation to every client that displays it, thieves will steal. And even if LL bans every DMCA violation that comes down the pike (which is a facist can of worms I wouldn't want opened), they could make no guarantees the person won't just come in with another avatar...regardless of any layers of security they put on registering.

I hate content theft. It's degrading to the artist and causes so much anger. But it will not go away; anymore than the RIAA will fully stop pirated music or the computing industry will eliminate virus makers.

I'm failing to see the benefit of getting angry about it anymore. In fact, I see no benefit...just more people getting tired of a service that in the end still has more creative potential than most pursuits on the Net.

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Joshua Nightshade

They're required to make a good-faith attempt to remove infringing content. Right now to them that constitutes simply deleting what's in world. They won't delete stuff that's in the inventory of the person breaking the rules though.

Which means if I steal "Liona Clio's Hat Store" and rez it myself, at best a DMCA will delete what's on the sim. Nothing prevents me from taking the same copy I have in-inventory already and rezzing it somewhere else you don't know about.

I doubt that covers them. They should remove the asset entirely. Nothing will prevent the person from stealing that again, but hopefully the extra work involved would be enough of a deterrent until they get the point.

I also think a hash-ban on accounts that repeatedly have content removed because of a DMCA is not out of the question either.

Liona Clio

*nod* Although if I ever start making hats, I give you full perm rights, Josh. Hmmm, maybe a nice sombrero...

Joshua Nightshade

Well that's more than a CERTAIN TREE DESIGNER WITH A NAME WHAT RHYMES WITH CALLINGWATER SMELLERDOOR did for me.

Srsly, I cultivate FICness and she won't give me a couple of mod+ trees!

Lucifer Baphomet

Cunts.

Sculptypaint totally rocks.

Ripping anyone off is bad.

Ripping off someone who does somthing like Sculptypaint if downright pond scum behaviour.

Stroker Serpentine

I'm sick and tired of the "Linden Lab couldnt stop it if they wanted to" bullshit. Need I remind anyone that the asset server resides on a CLOSED system. There are no torrents here. UUID's have absolutely no viable market on Pirate Bay, therefore the argument that it's an uphill battle not unlike .mp3's. Bullshit..Bullshit..BULLSHIT!

Has anyone ever seen a police blotter entry for content theft? Can you explain to me why, after CONCEDING to theft, infringers like Rase Kenzo and Volkov Catteneo STILL have accounts? When they have clearly and admittedly violated the TOS and Community standards?

And to all the "..they would just make another account and do it again" detractors..Do you know of ANYONE who has ever been banned for content theft? Anyone? Making an alt account notwithstanding. Give me a name please...just one name, thats all I ask.

Joshua is absolutely right, Linden Lab will continue to duck and cover the DMCA until there is a class action suit. Simply doing a vendor takedown is a half-assed exercise in futility. Its like a cop approaching a crack dealer and saying "Give me all the crack in your hand" and walking away.

Know what happens if youre caught farming gold in WoW? IP ban.

Know what happens when someone files a Trademark/Copyright cease and desist on YouTube? IP ban.

Know what happens when youre caught stealing content in There? IP ban.

Know why Bragg's account was frozen immediately? Because it was taking money out of Linden Lab's pockets. Not yours.

Sure, there will always be thieves. But, dammit LL..at least PRETEND you give a shit!